THE DEFENSE OF MARRIAGE ACT
Is it Unconstitutional?
On this week's edition of Initiative Radio, Angela McKenzie turns things over to Annamarya Scaccia, her fellow Peter Jennings Project Fellow for Journalists and the US Constitution. Scaccia conducted four interviews that examine the constitutionality of the Defense of Marriage Act (DOMA) - the 1996 Clinton-era legislation that defines marriage as being “between man and woman” and bans federal recognition/legal benefits of same-sex marriage. Although the Obama Administration declared Section 3 of the Defense Of Marriage Act unconstitutional (with the Department of Justice no longer defending it in court) in February 2011, the House hired outside counsel to defend DOMA in court, using the arguments that; 1. sexual orientation is not an immutable characteristic like race or gender, 2. homosexuals are not politicallly powerless, citing the recent repeal of "Don't Ask, Don't Tell" and 3. homosexuals haven't been discriminated against long enough.
To help determine if there is any validity to these arguements and if they would really hold up in a court of law are Democratic Senator Daylin Leach who serves Pennsylvania's 17th Senatorial District which includes Delaware County and Montgomery County, Law Professors Adam Winker, of UCLA School of Law and Carlos Ball of Rutgers University-Newark in New Jersey and Constitutional Attorney Paul B. Linton who serves as special counsel for the Thomas Moore Society, a pro-life law center in Chicago, Illinois and who wrote a letter refuting the Obama Administration's declaration that DOMA is unconstitutional.
Angela McKenzie is the Producer & Presenter of Initiative Radio
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